Amended in Assembly April 15, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 202


Introduced by Assembly Member Gonzalez

January 29, 2015


An act to add Section 2754 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 202, as amended, Gonzalez. Professional sports teams: cheerleaders: employee status.

Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship.

Existing law requires every employer who pays wages to a resident employee for services performed either within or without this state to deduct and withhold from those wages, except as provided, specified income taxes.

Existing law, the California Fair Employment and Housing Act, makes it an unlawful employment practice for an employer, unless based upon a bona fide occupational qualification or, except where based upon applicable security regulations to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment, or to bar or discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person.

Thisbegin delete bill would,end deletebegin insert bill,end insert for purposes of all of the provisions of state law that govern employment, including the Labor Code, the Unemployment Insurance Code, and the California Fair Employment and Housing Act,begin insert wouldend insert require a cheerleader who is utilized by a California-based professional sports team during itsbegin delete exhibitionsend deletebegin insert exhibitions, events,end insert or games to be deemed an employee. The bill would also require the professional sports team to ensure that the cheerleader is classifiedbegin delete and treatedend delete as an employee.

Because a violation of specified employment laws, including wage and hour laws, that would apply to California-based professional sports teams utilizing cheerleaders would be a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 2754 is added to the Labor Code, to read:

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2754.  

(a) For the purposes of this section, the following
3definitions shall apply:

4(1) “California-based team” means a team that plays a majority
5of its home games in California.

6(2) “Cheerleader” means an individual who performs acrobatics,
7dance, or gymnastics exercises on a recurring basis. This term shall
8not include an individual who is not otherwise affiliated with a
9California-based professional sports team and is utilized during
10itsbegin delete exhibitionsend deletebegin insert exhibitions, events,end insert or games no more than one time
11in a calendar year.

P3    1(3) “Professional sports team” means a team at either a minor
2or major league level in the sport of baseball, basketball, football,
3ice hockey, or soccer.

4(b) Notwithstanding any other law, for purposes of all of the
5provisions of state law that govern employment, including this
6code, the Unemployment Insurance Code, and the California Fair
7Employment and Housing Act (Part 2.8 (commencing with Section
812900) of Division 3 of Title 2 of the Government Code), a
9cheerleader who is utilized by a California-based professional
10sports teambegin insert directly or through a labor contractorend insert during its
11begin delete exhibitionsend deletebegin insert exhibitions, events,end insert or games, shall be deemed to be
12an employee.

13(c) The professional sports team shall ensure that the cheerleader
14is classifiedbegin delete and treatedend delete as an employee.

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SEC. 2.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



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